TEXAS ETHICS COMMISSION

ETHICS ADVISORY OPINION NO. 156

June 24, 1993

Whether it is permissible, under the laws subject to interpretation by the Texas
Ethics Commission, for a law firm of which a legislator is a member to contract with
another law firm to assist with the collection of delinquent property taxes for various
local taxing units. (AOR-179)

The Texas Ethics Commission has been asked to consider whether it is permissible, under
the laws subject to interpretation by the Ethics Commission, for a law firm of which a
legislator is a member to contract with another law firm to assist with the collection of
delinquent property taxes for various local taxing units.1

Under the provisions subject to interpretation by the Ethics Commission, a legislator
may provide legal services to a special district. Ethics Advisory Opinions Nos. 117
(1993), 72, 41 (1992). As long as payment for such services reflects the actual value of
the services, the fee is not considered an impermissible benefit under chapter 36 of the
Penal Code. Ethics Advisory Opinions Nos. 117 (1993), 41 (1992). A legislator must report
sources of occupational income on his annual financial disclosure statement. V.T.C.S. art.
6252-9b, § 4(c)(1).

Section 8 of article 6252-9b sets out general standards of conduct for all state
officers and employees and advises that a state officer should not accept employment that
might tend to influence or interfere with the officer's independence of judgment in the
performance of official duties. Compliance with those standards is a matter of personal
ethics. See Ethics Advisory Opinions Nos. 41, 28 at 7-8 (1992); see also
V.T.C.S. art. 6252-9b, § 1. See generallyid. ġġ 7 (restricting the
representation of others before executive branch agencies; prohibiting voting for measures
or bills benefitting a business entity in which a legislator has a controlling interest),
8A (prohibiting the making of certain leases of real property); Ethics Advisory Opinion
No. 117 (1993) (a legislator's and his firm's representation of clients before state
agencies and school districts).

SUMMARY

The provisions subject to interpretation by the Ethics Commission do not prohibit a
legislator or his law firm from entering into a contract to assist with the collection of
delinquent property taxes for a local taxing authority.

1The Ethics Commission has
authority to interpret six statutory schemes: (1) chapter 305 of the Government Code
(lobby); (2) chapter 302 of the Government Code (speaker's race); (3) title 15 of the
Election Code (campaign finance); (4) article 6252-9b, V.T.C.S. (financial disclosure and
standards of conduct); (5) chapter 36 of the Penal Code (bribery); and (6) chapter 39 of
the Penal Code (abuse of office). The request letter asks only about the application of
those statutes to the question raised. The Texas Constitution contains a "contracts
clause," which bars legislators from entering into any contract with the state or
county when such contract has been authorized or funded by a legislature of which the
individual was a member. Tex. Const. art. III, § 18. Although the Ethics Commission does
not have interpretative authority over this provision, we note that an attorney general
opinion states that contracts with cities and school districts are not prohibited by
article III, section 18. Attorney General Opinion H-696 (1975).